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A. Only a special event permit applicant, as provided in chapter 17 of this title, may request to opt-in for an open container zone for an event within a designated festival block as part of the special event permit process. If granted, the public right-of-way areas within the festival block area shall be exempt from City regulations governing open containers of alcohol in public as set forth in title 5, chapter 2 of this Code for the term of that special event.
B. Open Container Zone Opt-In Configurations: There are two (2) configurations in which the open container zone may be used:
1. The special event applicant does not seek an alcohol catering permit for use with its event within the festival block site, but instead allows alcohol to be purchased in the licensed premises within the parameters of the festival block and be carried and consumed off such premises into the open container zone in the public right-of-way; or
2. The special event applicant seeks one or more catering permits for the event within the festival block site in addition to the sale and removal of alcohol from licensed premises within the parameters of the festival block and be carried and consumed off such premises into the open container zone in the public right-of-way. The catering permit under this configuration shall be set up within the open container zone, and the parameter of the catering permit premises shall be limited to just the edges of the sales booth.
C. Events Without Open Container Zone Opt-In: Whenever a special event applicant does not opt-in to the open container zone for their event, or the event does not meet the special event permit requirements and does not undergo the special event permit process, all City regulations on open containers of alcohol shall be in force.
D. Notification To Stakeholder Businesses: The special event permittee shall be required to provide written notice whether the permittee opted-in to an open container zone for that event to the stakeholder businesses within a designated festival block no less than seventy-two (72) hours in advance of the event.
E. Alcohol Licensee Duty: Unless under an open container zone as part of a permitted special event, all alcohol licensed premises within the festival block site shall prohibit patrons from removing alcoholic beverages purchased on the premises to the public right-of-way. Additionally, alcohol licensed premises shall be responsible for strictly prohibiting alcohol purchased outside the licensed premises from being brought onto the premises.
F. Special Event Permit Conditions: The special event permittee shall obey all the permit's conditions, which may require security staff, patron wrist-banding, and other safety measures. (Ord. 13-22, 3-29-2022)
A. Petition For Reassessment Of Designation: After the first year of designation, any stakeholder business owner may petition the City Clerk's Office in writing to request a reassessment of the festival block designation.
B. Reassessment Petition Requirements: A petition for festival block designation reassessment must demonstrate that less than seventy five percent (75%) of the stakeholder businesses support the designation, or the petition shall automatically fail. The Clerk's Office will review all viable petitions and reassess the festival block designation based on the standards and factors. The Clerk's Office will make a recommendation to the City Council regarding the petition, and City Council shall vote to continue the designation or revoke it. Petitions for designation reassessment shall not be considered more frequently than once a year.
C. Special Events And Reassessment: Upon receiving a petition for festival block designation reassessment, the special events team shall not approve any new special events with the open container zone opt-in until the petition either fails or is approved by City Council. If a festival block designation is revoked under the reassessment process, any previously approved special events with the open container zone opt-in shall be allowed to proceed as originally approved. (Ord. 13-22, 3-29-2022)
A. Notices:
1. All notices regarding festival block designation approvals, denials, renewals, suspensions, or revocations shall be sent to the applicant and the list of stakeholder businesses listed in the application. It is the applicant and the stakeholders' duty to ensure that the contact information is current and correct with the City Clerk's Office.
2. All notices of denial shall include the actions, if any, that the applicant could take to obtain the designation or renewal thereof.
B. Suspension and Revocation of Designation: The City Clerk may suspend or revoke a festival block designation under this chapter when:
1. After the issuance of the designation, it is determined that the application did not meet the requirements set forth in this chapter;
2. There are grounds for suspension or revocation as provided in chapter 1, article A of this title; or
3. A reassessment of designation reveals that the festival block does not have seventy five percent (75%) minimum support from the stakeholder businesses, and the designation is consequently revoked
C. Procedure For Denial, Suspension, Or Revocation Of Designation, And Review: Except as otherwise provided in this subsection, the procedures set forth in chapter 1, article A of this title for license denial, suspension, or revocation, and the appeal thereof shall be followed for festival block designations. (Ord. 13-22, 3-29-2022)
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